WVC 3 - 4 A- 9 B
§3-4A-9b. Authorization for precinct ballot-scanning device;
minimum requirements.
(a) For purposes of this section, "precinct ballot-scanning
device" means a device used by the voter at the precinct on
election day or during early voting for the purpose of scanning the
voter's ballot after the ballot has been voted but prior to
depositing the ballot into the ballot box.

(b) The precinct ballot-scanning device may be used for the
purpose of scanning optically readable ballots cast in all primary,
general and special elections.

(c) The precinct ballot-scanning device, firmware and
programming software must be certified by an independent testing
authority, according to current federal standards and be approved
by the State Election Commission. No election official may enter
into any contract to purchase, rent, lease or otherwise acquire any
precinct ballot-scanning device, firmware or software not approved
by the State Election Commission.

(d) The precinct ballot-scanning device shall additionally:

(1) Alert the voter if the voter has made more ballot
selections than the law allows for an individual office or ballot
issue;

(2) Alert the voter if the voter has made fewer ballot
selections than the law allows for an individual office or ballot
issue; and

(3) Allow voters an opportunity to change ballot selections, or correct errors, including the opportunity to correct the error
through the issuance of a replacement ballot if the voter was
otherwise unable to change the ballot or correct the error.

(e) The precinct ballot-scanning device may be used for
tabulating election results only under the following conditions:

(1) The county has at least one precinct ballot-scanning
device in each precinct;

(2) No print out or tabulation of results is done at the
precinct;

(3) The "tabulation memory device" may be removed from the
ballot-scanning device only after the polls close and the votes may
only be counted at the central counting center on the night of the
election; and

(4) All voters at the precinct are required to use the ballot
scanning device as a condition of completing their vote.

(f) If the optical scan ballots from each of the precincts are
counted at the central counting center on election night in
accordance with section twenty-seven of this article, and the
results from that count are the results finally published on
election night, then any county meeting each of the requirements in
paragraphs (1) through (4) of subsection (e), may turn off the over
vote switch on the central counting device since every ballot will
have been evaluated for over votes by the precinct scanning device.

(g) The Secretary of State is hereby directed to propose rules
and emergency rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code in
accordance with the provisions of this section.

WVC 3 - 4 A- 9 B
§3-4A-9b. Authorization for precinct ballot-scanning device;
minimum requirements.
(a) For purposes of this section, "precinct ballot-scanning
device" means a device used by the voter at the precinct on
election day or during early voting for the purpose of scanning the
voter's ballot after the ballot has been voted but prior to
depositing the ballot into the ballot box.

(b) The precinct ballot-scanning device may be used for the
purpose of scanning optically readable ballots cast in all primary,
general and special elections.

(c) The precinct ballot-scanning device, firmware and
programming software must be certified by an independent testing
authority, according to current federal standards and be approved
by the State Election Commission. No election official may enter
into any contract to purchase, rent, lease or otherwise acquire any
precinct ballot-scanning device, firmware or software not approved
by the State Election Commission.

(d) The precinct ballot-scanning device shall additionally:

(1) Alert the voter if the voter has made more ballot
selections than the law allows for an individual office or ballot
issue;

(2) Alert the voter if the voter has made fewer ballot
selections than the law allows for an individual office or ballot
issue; and

(3) Allow voters an opportunity to change ballot selections, or correct errors, including the opportunity to correct the error
through the issuance of a replacement ballot if the voter was
otherwise unable to change the ballot or correct the error.

(e) The precinct ballot-scanning device may be used for
tabulating election results only under the following conditions:

(1) The county has at least one precinct ballot-scanning
device in each precinct;

(2) No tabulation of results is done at the precinct;

(3) The "tabulation memory device" may be removed from the
ballot-scanning device only after the polls close and the votes may
only be counted at the central counting center on the night of the
election; and

(4) All voters at the precinct are required to use the ballot
scanning device as a condition of completing their vote.

(f) If the optical scan ballots from each of the precincts are
counted at the central counting center on election night in
accordance with section twenty-seven of this article, and the
results from that count are the results finally published on
election night, then any county meeting each of the requirements in
paragraphs (1) through (4) of subsection (e), may turn off the over
vote switch on the central counting device since every ballot will
have been evaluated for over votes by the precinct scanning device.

(g) The Secretary of State is hereby directed to propose rules
and emergency rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code in accordance with the provisions of this section.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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